EL PASO NATURAL GAS CO. v. UNITED STATES

No. 19445.

343 F.2d 145 (1965)

EL PASO NATURAL GAS CO., a Corporation, Appellant, v. UNITED STATES of America, Appellee. UNITED STATES of America, Appellant, v. EL PASO NATURAL GAS CO., a Corporation, Appellee.

United States Court of Appeals Ninth Circuit.

March 3, 1965.


Attorney(s) appearing for the Case

Craig Campbell, Karr, Tuttle, Campbell, Koch & Granberg, Seattle, Wash., for appellant.

John W. Douglas, Asst. Atty. Gen., Morton Hollander, Richard S. Salzman, Attorneys, Dept. of Justice, Washington, D. C., Wm. N. Goodwin, U. S. Atty., Seattle, Wash., for appellee.

Before HAMLIN, MERRILL and ELY, Circuit Judges.


MERRILL, Circuit Judge:

El Paso Natural Gas Co. has brought suit under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (1958), for loss of its airplane following collision with an aerial span maintained by the Coast Guard at LaPush, Washington. The United States has counterclaimed for damages to the span. Each party asserts that it was free from negligence and that the other was guilty of wanton misconduct. The action was tried without jury in the District...

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